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Report of the Results of an Investigation Into a Complaint

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Report of the Results of an Investigation Into a Complaint COMMITTEE ON MEMBERS' INTERESTS OF DÁIL ÉIREANN An Coiste um Leasanna Chomhaltaí Dáil Éireann Committee on Members’ Interests of Dáil Éireann An tAcht um Eitic in Oifigí Poiblí, 1995 arna leasú leis an Acht um Chaighdeáin in Oifigí Poiblí 2001 Ethics in Public Office Act, 1995 as amended by the Standards in Public Office Act 2001 Tuarascáil ar Thorthaí Imscrúdaithe ag an Roghchoiste um Leasanna Comhaltaí de chuid an 32ú Dáil Éireann ar Ghearáin maidir leis an Teachta Dála Lisa Chambers Report of the Results of an Investigation by the Committee on Members’ Interests of the 32nd Dáil Éireann of a Complaint concerning Ms. Lisa Chambers, T.D. 12th December 2019 1 COMMITTEE ON MEMBERS' INTERESTS OF DÁIL ÉIREANN 1. Introduction The Committee on Members' Interests of Dáil Éireann (the ‘Committee’) is a select committee pursuant to Standing Order 109 of the Standing Orders relative to Public Business of Dáil Éireann and section 8 of the Ethics in Public Office Act 1995 (the ‘1995 Act’) as amended by the Standards in Public Office Act 2001 (the ‘2001 Act’ (collectively referred to hereafter as ‘the ethics legislation’). One of the functions of the Committee is to carry out investigations where a complaint is referred or made to the Committee, or if the Committee considers it appropriate to do so. The Committee has the power to investigate whether: (1) a member has contravened section 5 or 7 of the 1995 Act as amended; or (2) has done a specified act as defined in section 4 of the 2001 Act. 2. Complaint received By letter received 22nd October 2019, a member of Dáil Éireann, Mr. Noel Rock, T.D. (‘the complainant’), made a complaint alleging an improper use by Ms. Lisa Chambers T.D. (‘Deputy Chambers’) of the Dáil Éireann electronic voting system in breach of the Ethics in Public Office Act 1995 as amended by the Standards in Public Office Act 2001 (the ‘ethics legislation’). He alleged, inter alia, that Deputy Chambers caused two votes to be recorded on the electronic voting mechanism on the 17th October 2019; one at the seat of Mr. Dara Calleary T.D. (‘Deputy Calleary’) and one vote at her assigned seat. The complainant has not identified when these votes were allegedly cast, nor has he identified what vote they were in respect of. The complaint has been made pursuant to section 8(4) of the ethics legislation. (The emailed correspondence received on the 22nd October together with the letter of complaint, which was undated, is attached at Appendix A). 3. Consideration of the complaint On the 30th October 2019, the Committee met for the purpose of determining whether the complaint was frivolous, vexatious or whether there was evidence sufficient to sustain the complaint. The Committee decided on that date that the complaint was 2 neither frivolous nor vexatious and that there was evidence sufficient to sustain the complaint. Having made the relevant determination, the Committee went on pursuant to section 9 of the Ethics in Public office Act, 1995 as amended by the Standards in Public Office Act, 2001 to investigate the complaint in order to ascertain whether Deputy Chambers had breached section 5 or section 7 or had done a ’specified act’ within the meaning of the ethics legislation. As neither section 5 nor section 7 applied in this case, the sole question to be determined was whether or not a specified act has been done by Deputy Chambers. The Committee caused to be prepared a statement of alleged contravention and written procedures for the conduct of an investigation, in accordance with the legislative provisions. By letter dated the 7th November 2019, these documents (Appendix B), together with a copy of Deputy Rock’s complaint, were furnished to Deputy Chambers. At the meeting of the 7th November 2019, the Committee requested the Clerk to the Committee to write to the Clerk of the Dáil to request that he provide the Committee with a copy of the report entitled the ‘Committee on Procedure on the Review, by the Clerk of Dáil Éireann of Electronic Voting in Dáil Éireann on Thursday 17 October 2019’ and a transcript of the statement made by Deputy Chambers to the Dáil on the 24th October 2019. The Office of the Clerk of the Dáil replied on the 8th November 2019 and provided these documents (Appendix C). The Committee also wrote to the complainant and requested that he provide it with any further evidence he might wish the Committee to consider prior to its determination. Following receipt by Deputy Chambers of the letter from the Committee dated the 7th of November 2019, Deputy Chambers reverted to the Clerk of the Committee on the 12th of November and confirmed that she ‘consented to her statement to the clerk of the Dáil being used by the committee in their deliberations’ (Appendix D). As part of the Committee on Procedure Report, Deputy Chambers was interviewed on the 22nd October 2019 and a transcript of that interview is included in Appendix D of that report. During this interview Deputy Chambers stated that her action in voting in Deputy Calleary’s seat ‘was a genuine mistake and I never entered the chamber with the intent of voting for someone else or at any stage intended to vote for someone else. When I cast that vote in Deputy Calleary’s seat, I genuinely and honestly believed I was in my own seat and voting for myself’. On the 24th October 2019 the Deputy made a statement in Dáil Éireann and stated: On Thursday last I inadvertently sat in the wrong seat in the Dáil during voting time. This was a genuine mistake. I sat in Deputy Dara Calleary's seat which is the seat beside my own. I pressed the button once in error in the first vote. Nobody asked me to 3 do this and when I realised, I immediately moved to my own seat and cast my own vote. The vote was lost by a large number, so I did not inform the teller at the time of the vote cast in error as I genuinely thought it was an insignificant error. I fully accept now that I should have done so at the time and I sincerely apologise to the House and to the public for not doing so. It is an honour and a privilege to serve as a Teachta Dála and I take my responsibilities seriously. I met with the Clerk of the Dáil in the context of the Ceann Comhairle's report and I fully accept the contents of the report. I thank the Ceann Comhairle, the Clerk of the Dáil and his team for their work in this regard and for their objectivity, balance and professionalism in conducting this inquiry and producing an extensive report, from which I think we can all take something. I reiterate that mine was a genuine mistake and not something I had intended to do. I apologise for the manner in which I handled that. I want to assure this House and the public that I have learned from my mistake and I am genuinely sorry. 4. Determination of the Committee in relation to the complaint The Committee met in private, on the 28th November 2019, for the purpose of considering the Deputy’s response, the materials provided by the Office of Clerk of Dáil Éireann and to give consideration to the complaint. Having duly considered the complaint and the circumstances of the case in its entirety, the Committee has now concluded its investigation of this complaint and has set out its findings as follows; The Committee, being required to make a determination under section 10 (2)(c) in relation to the following matters has: (i) determined that the Deputy had used the Dáil Éireann electronic voting system to record votes in the seat of Deputy Dara Calleary, when Deputy Calleary was not eligible to vote, as he was not present in the Dail Chamber at that time; (ii) noted that Deputy Chambers admits she voted incorrectly by voting in Deputy Calleary’s seat and failed to correct the record with the teller and has apologised in the Dáil for doing so; (iii) noted that the contravention is not continuing; (iv) formed the opinion that the complaint was neither frivolous nor vexatious; (v) noted that the misuse of electronic voting system is a serious contravention of the ethics legislation given the adverse effects this incident has had on the maintenance of confidence in the performance of the Deputy’s duties by the general public; 4 (vi) determined that the Deputy had committed a "specified act" within the meaning of the Ethics Acts 1995 (as amended by the Standards in Public Office Act 2001) and believed that the matter constituted one of "significant public importance"; (vii) formed the opinion that it was irrelevant whether a vote is won by a large or small majority, each vote is an important vote and all deputies should follow the correct procedure to vote each time; (viii) however, having regard to the explanation given by the Deputy, the Committee determined that the contraventions at issue had been done inadvertently. Furthermore, the Committee determined that the Deputy had acted in good faith and in the belief that her actions were in accordance with the guidelines; (ix) noted that a repetition of the contravention of the rules in the future could lead to a finding that the Deputy had acted recklessly or intentionally; (x) recommended that a motion to take note of this report be moved in the House. The Committee has directed that this report, prepared pursuant to section 10(1) of the Acts, be furnished to: (a) Deputy Noel Rock; and (b) Deputy Lisa Chambers.
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